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AGENDA
January 9, 2001 Meeting
I. Informational Items A. Information Systems & Networks Corp. v. United States, No. 98-663C (Fed. Cl. Nov. 30, 2000) (state income taxes paid by sole shareholder of Subchapter S corporation are allowable costs).
B. Final Rule, FAR, Contractor Responsibility, Labor Relations Costs, and Costs Relating to Legal and Other Proceedings, 65 Fed. Reg. 80256 (Dec. 20, 2000).
C. K. Saldarini, "Clinton Administration to Issue Contractor Ethics Rules," Government Executive (Dec. 19, 2000).
D. Castle v. United States, No. 90-1291C (Fed. Cl. Nov. 9, 2000) (Tucker Act's six-year statute of limitations is jurisdictional and cannot be tolled by the parties; in Winstar-related breach of contract case, where lost profits are uncertain, plaintiffs are entitled only to restitution - recovery of their investment - but not lost profits).
E. Bean Stuyvesant, LLC, ASBCA No. 52889 (Dec. 6, 2000) (under fixed-price construction contract, contractor entitled to recover the entire amount bid for bond costs, even if its actual bond premium amount was considerably less).
F. NDIA Amicus Brief, Boeing North American, Inc. v. Peters, No. 01-1011 (Fed. Cl. Dec. 22, 2000).
G. DCMA Information Memorandum No. 01-057, "Roll Forwards" (Nov. 15, 2000).
H. Final Rule, DFARS, Authority to Indemnify Against Unusually Hazardous or Nuclear Risks, 65 Fed. Reg. 77835 (Dec. 13, 2000).
I. Final Rule, DFARS, Material Management and Accounting Systems, 65 Fed. Reg. 77832 (Dec. 13, 2000).
J. Final Rule, DFARS, Profit Incentives to Produce Innovative New Technologies, 65 Fed. Reg. 77829 (Dec. 13, 2000).
K. Final Rule, Department of the Army, Report on Use of Employees of Non-Federal Entities to Provide Services to the Department of the Army, 65 Fed. Reg. 81357 (Dec. 26, 2000).
L. Notice, Renegotiation Board Interest Rate; Prompt Payment Interest Rate; Contract Disputes Act, 65 Fed. Reg. 82457 (Dec. 28, 2000).
II. CAS Board Developments A. Post-Retirement Benefits Other than Pension (PRB)
B. Employee Stock Ownership Plans (ESOP)
C. CAS Streamlining III. Regulatory Developments A. Proposed Rule, FAR, Signing and Retention of High Technology Workers, 65 Fed. Reg. 82876 (Dec. 28, 2000) [comments due February 12, 2001].
B. Interim Rule, OMB, Prompt Payment, 65 Fed. Reg. 78403 (Dec. 15, 2000) [comments due January 30, 2001].
C. Proposed Rule, NASA, Emergency Medical Services and Evacuation, 65 Fed. Reg. 76600 (Dec. 7, 2000) [comments due January 22, 2001].
IV. Legislative Developments V. Other Next AC&P Committee Meeting - Tuesday, February 13, 2001, Howrey Simon Arnold & White, LLP, 1299 Pennsylvania Avenue, N.W., Washington, D.C. 20004.
AGENDA
February 13, 2001 Meeting
AGENDA
March 1, 2001 Meeting
AGENDA
April 10, 2001 Meeting
If you are traveling by Metro, the closest stop is Metro Center. Exit at F & 12th Streets ("Metro Sales Office"), and walk down the sidewalk one block to the building entrance on 12th & E Streets. Please go through the glass doors and up the escalator to the second floor receptionist. There will be a charge of $6 to defray the cost of lunch. If you will attend, please call Patricia Zollarcoffer at 202/383-7168 (or reply by e-mail to zollarcofferp@howrey.com) by the close of business Friday, April 6, 2001. A copy of the preliminary Agenda for the meeting is attached.
I. Informational Items
A. Barrett Refining Corp. v. United States, No. 00-5036
(Fed. Cir. Mar. 13, 2001) (holding Defense Fuel Supply Center price
escalation clause unlawful; contractor entitled to quantum valebant
relief for fair market value of military jet fuel delivered, but
government entitled to recover over-payments made based on illegal
clause).
B. Rich MacAuly, AGBCA No. 2000-155-3 (Mar. 15, 2001)
(upholding Forest Service price escalation clause, notwithstanding
conflict with agency policies and procedures).
C. Final Rules, FAR, Delay of Effective Date, 66 Fed.
Reg. 14260 (Mar. 9, 2001).
D. Notice of Public Meeting, DoD, Cost Principles
Streamlining, 66 Fed. Reg. 13712 (Mar. 7, 2001)
E. Executive Order 13201, Notification of Employee
Rights Concerning Payment of Union Dues or Fees (Feb. 17, 2001).
II. CAS Board Developments
A. Post-Retirement Benefits Other than Pension (PRB)
B. Employee Stock Ownership Plans (ESOP)
C. CAS Streamlining
III. Regulatory Developments
A. Proposed Rule, FAR, Contractor Responsibility, Labor
Relations Costs, and Costs Relating to Legal and Other Proceedings --
Revocation, 66 Fed. Reg. __________ (Apr. 2, 2001) [comments due June
1, 2001].
B. Interim Rule, FAR, Contractor Responsibility, Labor
Relations Costs, and Costs Relating to Legal and Other Proceedings,
66 Fed. Reg. __________ (Apr. 2, 2001) [comments due June 1,
2001].
IV. Legislative Developments
V. Other
PLEASE NOTE: Following our regularly-scheduled meeting, the Committee will host an open meeting with the CASB staff to discuss Accounting for Post-Retirement Benefit Plans Other Than Pensions. The meeting is a follow-up to the PRB working group meeting hosted by the Committee on February 15, 2001. If you plan to attend the PRB meeting, please call or reply by e-mail to Patricia Zollarcoffer (202-383-7168) know by close of business Friday, April 6, 2001.
Next AC&P Committee Meeting - Tuesday, May 8, 2001, Howrey Simon Arnold & White, LLP, 1299 Pennsylvania Avenue, N.W., Washington, D.C. 20004.
AGENDA
May 8, 2001 Meeting
AGENDA
June 12, 2001 Meeting
AGENDA
July 10, 2001 Meeting
If you are traveling by Metro, the closest stop is Metro Center. Exit at F & 12th Streets ("Metro Sales Office"), and walk down the sidewalk one block to the building entrance on 12th & E Streets. Please go through the glass doors and up the escalator to the second floor receptionist. There will be a charge of $6 to defray the cost of lunch. If you will attend, please call Patricia Zollarcoffer at 202/383-7168 (or reply by e-mail to zollarcofferp@howrey.com) by the close of business Friday, July 6, 2001.
AGENDA July 10, 2001 Meeting
I. Informational Items
A. United States v. Mead Corp., No. 99-1434, 532 U.S.
___ (Jun. 18, 2001) (deference under Chevron U.S.A. Inc. v. Natural
Resources Defense Council, Inc., 467 U.S. 837 (1984), to an agency's
application of a statute it administers is appropriate only when (1)
Congress delegated authority to the agency generally to make rules carrying
the force of law and the (2) agency's interpretation was promulgated in the
exercise of that authority; otherwise, an agency's interpretation may merit
"some deference" under Skidmore v. Swift & Co., 323 U.S. 134 (1944)).
B. Lujan v. G&G Fire Sprinklers, Inc., No. 00-152, 532
U.S. ___ (Apr. 17, 2001) (reversing Ninth Circuit and holding that
California's version of the Davis-Bacon Act, which permits the withholding
of sums without a pre-withholding hearing if a contractor or subcontractor
is not paying the proper prevailing wages, does not violate Due Process
Clause of the Fourteenth Amendment).
C. Furash & Co. v. United States, No. 00-5084 (Fed.
Cir. Jun. 13, 2001) (affirming dismissal of claim arising from a contract
with the Federal Housing Finance Board because non-appropriated funds
doctrine bars Court of Federal Claims from exercising jurisdiction).
D. NDIA's Proposed Revision to FAR 31.205-18 (Jun. 29,
2001).
II. CAS Board Developments
A. Post-Retirement Benefits Other than Pension (PRB)
B. Employee Stock Ownership Plans (ESOP)
C. CAS Streamlining
III. Regulatory Developments
IV. Legislative Developments
A. H.R. 2153 and S. 1049, American Breakthrough
Research Act of 2001 (to amend IRC to provide for an election to exchange
research-related tax benefits for a refundable tax credit, for the recapture
of refunds, and for other purposes; introduced Jun. 13, 2001 in House and
Jun. 14, 2001 in Senate).
B. H.R. 2177, Invest in Space Now Act of 2001 (to amend
IRC to encourage the timely development of a more cost effective commercial
space transportation industry; introduced Jun. 14, 2001).
C. H.R. 2189 (to amend IRC to allow the use of
completed contract method of accounting for long-term naval vessel
construction contracts; introduced Jun. 14, 2001).
V. Other
Please note that our next AC&P Committee Meeting will be
held in conjunction with the ABA Annual Meeting - Sunday, August 5, 2001
(4:00 p.m. - 5:30 p.m.), Hotel Inter-Continental, Burnham, 8th Floor, South
Tower, 505 North Michigan Avenue, Chicago, Illinois.
AGENDA
August 5, 2001 Meeting
I. Informational Items
A. Richlin Security Service Co. v. Immigration and Naturalization Service, No. 00-1134 (Fed. Cir. Jul. 2, 2001) (contractor who underpaid employees under erroneous wage determination need not pay back wages until it receives reimbursement from contracting agency).
B. Kearfott Guidance & Navigation Corp., ASBCA No. 45536 (Jun. 29, 2001) (allowability of costs for contractor that used purchase method of accounting for business combination before the July 23, 1990 change to FAR 31.205-52 is limited to amount that would have been allowed had the combination not taken place).
C. BAE Systems Information & Electronic Systems Integration, Inc., ASBCA No. 44832 (Jun. 29, 2001) (another pre-July 23, 1990 business combination case with same result as Kearfott Guidance & Navigation Corp.).
D. Analytical Assessments Corp., ASBCA Nos. 52393 & 52394 (Jun. 25, 2001) (government entitled to recover amounts paid under cost plus fixed fee prime contract because bankrupt subcontractor failed to maintain adequate supporting documentation).
E. Financial Accounting Standards Board News Release Re: Statements No. 141, Business Combinations, and 142, Goodwill and Other Intangible Assets (Jul. 20, 2001).
F. "House GOP Members Urge Revocation of Contractor Responsibility Rule," Federal Contracts Report (Jul. 24, 2001).
G. Army, Final Rule, Report on Use of Employees of Non-Federal Entities to Provide Services to Department of the Army, 66 Fed. Reg. 36711 (Jul. 13, 2001).
H. GAO, Notice of Document Availability, Advisory Council on Government Auditing Standards; Government Auditing Standards; Independence, 66 Fed. Reg. 34934 (Jul. 2, 2001).
I. Volunteer Needed: AC&P Representative to Legislative Coordinating Committee (next meeting September 20, 2001).
II. CAS Board Developments
A. Post-Retirement Benefits Other than Pension (PRB)
B. Employee Stock Ownership Plans (ESOP)
C. CAS Streamlining
III. Regulatory Developments
IV. Legislative Developments
A. Service Acquisition Reform Act (SARA), draft section-by-section analysis.
B. E-Government Act of 2001, draft section-by-section analysis.
C. S. 1152 and H.R. 721, Truthfulness, Responsibility, and Accountability in Contracting Act of 2001 (TRAC)
D. H.R. 2547, Erroneous Payments Recovery Act of 2001
E. S. 1155, National Defense Authorization Act for Fiscal Year
2002
V. Other
Next AC&P Committee Meeting - Tuesday, September 11, 2001, Howrey Simon Arnold & White, LLP, 1299 Pennsylvania Avenue, N.W., Washington, D.C. 20004.
AGENDA
September 11, 2001 Meeting
Date: Tuesday, September 11, 2001
Time: 12 noon
Location: Howrey Simon Arnold & White, LLP
2nd Floor Reception - Moot Court Room
1299 Pennsylvania Avenue, N.W.
Washington, D.C. 20004
If you are traveling by Metro, the closest stop is Metro Center. Exit at F & 12th Streets ("Metro Sales Office"), and walk down the sidewalk one block to the building entrance on 12th & E Streets. Please go through the glass doors and up the escalator to the second floor receptionist. There will be a charge of $6 to defray the cost of lunch. If you will attend, please call Patricia Zollarcoffer at 202/383-7168 (or reply by e-mail to zollarcofferp@howrey.com) by the close of business Friday, September 7, 2001. A copy of the preliminary Agenda for the meeting is attached. ABA Section of Public Contract Law Accounting, Cost & Pricing Committee
AGENDA September 11, 2001 Meeting
I. Informational Items
A. Landmark Land Co. v. United States, 256 F.3d 1365
(Fed. Cir. 2001) (dividends paid to contractor before government's breach
resulted from contractor's management of the thrifts and not contractual
actions, and therefore did not reduce contractor's restitution damages).
B. United States v. Mackby, No. 99-15605 (9th Cir. Aug.
16, 2001) (False Claims Act's civil sanctions are subject to analysis under
the Excessive Fines Clause of the Eighth Amendment because they are, at
least in part, punitive; remands to district court to determine whether
statutory penalty and treble damages (totaling $729,454.92 for Medicare
overpayments of $58,151.64) were unconstitutionally excessive).
C. United States ex rel. Barajas v. United States, No.
99-55599 (9th Cir. Aug. 3, 2001) (because suspension and debarment
proceedings can be an "alternative remedy" within the meaning of the False
Claims Act, qui tam relator was entitled to share of government's
administrative settlement).
D. Teledyne, Inc. v. United States, Nos. 96-782C,
97-792C & 97-659C (Fed. Cl. Aug. 9, 2001) (under original CAS 413-50(c)(12)
a sale is a segment closing, the adjustment is limited to the surplus
attributable to pension costs reimbursed under CAS-covered, flexibly-priced
contracts, and the adjustment is made in the year of the segment closing;
amended CAS 413 is not impermissibly retroactive but constitutes a mandatory
change in cost accounting practices, entitling the contractor to an
equitable adjustment in the amount the segment closing adjustment under
amended CAS 413 exceeds the amount the segment closing adjustment would have
been under original CAS 413, and any question regarding the CAS Board's
authority to adjust fixed price contracts has been mooted by amendments to
FAR 31.205-6(j)(4).).
E. United Technologies Corp., Pratt & Whitney, ASBCA
Nos. 474116 et al. (Jul. 30, 2001) (revenue sharing payments made to foreign
collaborators do not constitute a cost for parts and need not be included in
indirect cost allocation bases).
F. Xerox Corp. v. General Services Administration,
GSBCA No. 15190 (Jul. 27, 2001) (rejecting government's argument that
contractor underpaid the Industrial Funding Fee on its multiple award
schedule contract by basing its payment on the price actually paid,
including trade-in allowances, because contractor's offer was conditioned on
understanding that trade-in allowances would not be included).
G. Eastman Kodak Co., ASBCA No. 51326 (Jul. 24, 2001)
(contractor must refund pension costs reimbursed under flexibly-priced
contracts during years in which pension plan was overfunded, even though
there were prepayment credits assignable to those years).
H. Active Fire Sprinkler Corp. v. General Services
Administration, GSBCA 15318 (Jul. 11, 2001) (contractor not entitled to
Prompt Payment Act interest on funds improperly withheld because the
withholdings resulted from a legitimate Department of Labor investigation).
I. DoD, Notice of Delay in the Implementation of 10
U.S.C. § 2277 (Electronic Processing of Claims for Payment), 66 Fed. Reg.
43841 (Aug. 21, 2001).
J. DCAA Audit Guidance on Performance-Based Payments
(Jul. 20, 2001).
K. Director, Defense Procurement Reply to Proposed
Change to FAR 31.205-18 Definition of IR&D (Jul. 9, 2001).
II. CAS Board Developments
A. Post-Retirement Benefits Other than Pension (PRB)
B. Employee Stock Ownership Plans (ESOP)
C. CAS Streamlining
III. Regulatory Developments
A. FAR, Proposed Rule, Definition of "Claim" and Terms Relating to Termination, 66 Fed. Reg. 42921 (Aug. 15, 2001) [comments due Oct. 1, 2001].
B. DFARS, Proposed Rule, Customary Progress Payment Rate for Large Business Concerns, 66 Fed. Reg. 44588 (Aug. 24, 2001) [comments due Sep. 10, 2001].
IV. Legislative Developments
A. Amendment to H.R. 2586, Department of Defense Service Contracting Reform Act of 2001 (adopted by House Armed Services Committee on Aug. 1, 2001).
B. "Rep. Davis Drafting Legislation to Allow Contractors to Share in Savings from Innovative Solutions," Federal Contracts Report (Aug. 14, 2001) and Draft Share-in-Savings Bill.
V. Other
Next AC&P Committee Meeting - Tuesday, October 9, 2001,
Howrey Simon Arnold & White, LLP, 1299 Pennsylvania Avenue, N.W.,
Washington, D.C. 20004. Carol Covey will be our guest speaker at the
October meeting.
AGENDA October 9, 2001 Meeting
The date, time, and location of the next regular meeting of the
Accounting, Cost & Pricing Committee are as follows:
Date: Tuesday, October 9, 2001
Time: 12 noon
Location: Howrey Simon Arnold & White, LLP
2nd Floor Reception - Moot Court Room
1299 Pennsylvania Avenue, N.W.
Washington, D.C. 20004
If you are traveling by Metro, the closest stop is Metro Center. Exit at F & 12th Streets ("Metro Sales Office"), and walk down the sidewalk one block to the building entrance on 12th & E Streets. Please go through the glass doors and up the escalator to the second floor receptionist. There will be a charge of $6 to defray the cost of lunch. If you will attend, please call Patricia Zollarcoffer at 202/383-7168 (or reply by e-mail to zollarcofferp@howrey.com) by the close of business Friday, October 5, 2001.
October 9, 2001 Meeting
I. Guest Speaker: Carol Covey, Deputy Director of Cost, Pricing and Finance, Office of the Director of Defense Procurement
II. Informational Items
A. McDonnell Douglas Corp. v. United States, No. 91-1204C (Fed. Cl. Aug. 31, 2001) (on remand, upholding Navy's termination for default of A-12 contract).
B. Teledyne, Inc. v. United States, Nos. 96-782C, 97-792C & 97-659C (Fed. Cl. Aug. 9, 2001) (under original CAS 413-50(c)(12) a sale is a segment closing, the adjustment is limited to the surplus attributable to pension costs reimbursed under CAS-covered, flexibly-priced contracts, and the adjustment is made in the year of the segment closing; amended CAS 413 is not impermissibly retroactive but constitutes a mandatory change in cost accounting practices, entitling the contractor to an equitable adjustment in the amount the segment closing adjustment under amended CAS 413 exceeds the amount the segment closing adjustment would have been under original CAS 413, and any question regarding the CAS Board's authority to adjust fixed price contracts has been mooted by amendments to FAR 31.205-6(j)(4).).
C. E.O. 13224, Blocking Property and Prohibiting Transactions with Persons Who Commit, Threaten to Commit, or Support Terrorism (Sep. 25, 2001).
D. FASB, Notice of New Exposure Draft, Accounting for National Defense PP&E and Associated Cleanup Costs, 66 Fed. Reg. 46633 (Sep. 6, 2001)
III. CAS Board Developments
A. Post-Retirement Benefits Other than Pension (PRB)
B. Employee Stock Ownership Plans (ESOP)
C. CAS Streamlining
IV. Regulatory Developments
A. DFARS, Proposed Rule, Changes to Profit Policy, 66 Fed. Reg. 48649 (Sep. 21, 2001) [comments due Nov. 6, 2001].
B. DFARS, Proposed Rule, Tax Exemptions (Italy), 66 Fed. Reg. 48652 (Sep. 21, 2001) [comments due Nov. 6, 2001].
V. Legislative Developments
A. H.R. 2586, Defense Authorization for FY 2002
B. S. 1155, Defense Authorization for FY 2002
VI. Other
Next AC&P Committee Meeting - Tuesday, November 13, 2001, Howrey Simon Arnold & White, LLP, 1299 Pennsylvania Avenue, N.W., Washington, D.C. 20004.
December 11, 2001 Meeting of the Accounting, Cost & Pricing
Committee
The date, time, and location of the next regular meeting of the
Accounting, Cost & Pricing Committee are as follows:
Date: Tuesday, December 11, 2001
Time: 12 noon
Location: Howrey Simon Arnold & White,
LLP
2nd Floor Reception - Moot Court Room
1299 Pennsylvania Avenue, N.W.
Washington, D.C. 20004
If you are traveling by Metro, the closest stop is Metro Center. Exit at F
& 12th Streets ("Metro Sales Office"), and walk down the sidewalk one block
to the building entrance on 12th & E Streets. Please go through the glass
doors and up the escalator to the second floor receptionist. There will be
a charge of $6 to defray the cost of lunch. If you will attend, please call
Patricia Zollarcoffer at 202/383-7168 (or reply by e-mail to
zollarcofferp@howrey.com) by the close of business Friday, December 7, 2001.
A copy of the preliminary Agenda for the meeting is attached.
ABA Section of Public Contract Law
Accounting, Cost & Pricing Committee
AGENDA
December 11, 2001 Meeting
I. Guest Speaker
The Honorable Angela B. Styles, Administrator,
Office of Federal Procurement Policy, will be our guest speaker for the
December meeting.
I. Informational Items
A. Hughes Communications Galaxy, Inc. v. United States, Nos. 00-5109,
00-5119 (Fed. Cir. Nov. 13, 2001) (affirming COFC's damage award for breach
of NASA's launch services agreement as a result of the government's
post-Challenger accident decision to cease launching commercial satellites
on shuttles).
B. Charles G. Williams Constr., Inc. v. White, No. 01-1074 (Fed. Cir.
Nov. 8, 2001) (vacating and remanding ASBCA decision that rejected
contractor's Eichleay claim based solely on auditor's findings that
contractor's overhead had been "fully absorbed" and contractor had
impermissibly included both variable and fixed overhead expenses in its
computation).
C. Poly Design, Inc., ASBCA Nos. 48591 et al. (Oct. 26, 2001) (holding
that under Buckhannon Board & Care Home, Inc. v. West Virginia Dep't of
Health & Human Resources, 532 U.S. 598 (2001), contractor not entitled to
attorney's fees under the Equal Access to Justice Act where it settled
appeals without consent decree or judgment from the Board).
D. DFARS, Final Rule, Overseas Use of the Purchase Card in Contingency,
Humanitarian, or Peacekeeping Operations, 66 Fed. Reg. 55123 (Nov. 1, 2001).
E. Defense Procurement, Cost, Pricing and Finance: FAR Part 31
Streamlining, Ad Hoc Committee's Report on Evaluation of Public Input.
F. Director of Defense Procurement Memorandum, Changes to "Other
Transactions" (OT) Guide for Prototype Projects (Nov. 20, 2001).
I. CAS Board Developments
A. Post-Retirement Benefits Other than Pension (PRB)
A. Employee Stock Ownership Plans (ESOP)
A. CAS Streamlining
I. Regulatory Developments
A. FAR, Proposed Rule, Progress Payment Requests Under Indefinite
Delivery Contracts, 66 Fed. Reg. 57294 (Nov. 14, 2001) [comments due Jan. 2,
2002].
B. DFARS, Proposed Rule, Transactions Other Than Contracts, Grants or
Cooperative Agreements for Prototype Projects, 66 Fed. Reg. 58422 (Nov. 21,
2001) [comments due Jan. 8, 2002].
I. Legislative Developments
A. H.R. 3210, Terrorism Risk Protection Act (introduced Nov. 1, 2001;
passed by House Financial Services Comm. Nov. 7th).
B. H.R. 3230, American Small Business Emergency Relief and Recovery Act
of 2001 (introduced Nov. 6, 2001).
I. Other
Next AC&P Committee Meeting - Tuesday, January 8, 2002,
Howrey Simon Arnold & White, LLP, 1299 Pennsylvania Avenue, N.W.,
Washington, D.C. 20004.
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